Borough of Masontown, PA
Fayette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Masontown 8-9-2016 by Ord. No. D-5-8-9-2016, approved 8-9-2016. Amendments noted where applicable.]
As used in this Chapter, certain terms are defined as follows:
BOROUGH
Borough of Masontown.
PREMISES
A lot, plot or parcel of land including any structures thereon.
STAGNANT WATER POOL
Stagmint water in pools in which mosquitos, flies or other insects may multiply, including, but not limited to, open containers, sewage, lagoons, ditches, roof gutters, wheelbarrows, bird baths, ornamental pools, swimming pools, vegetation weeds, and grass in excess of eight inches in height (except as may be otherwise provided in wetlands and environmental ordinances and statutes).
STRUCTURE
That which is built or constructed or a portion thereof.
TITLED OWNER
Any person, firm, partnership or corporation having legal title or equitable interest in a structure and/or premises as recorded in the official records of the state, county or municipality; or guardian of the estate of any such person, or the executor. or administrator, of the estate of such person if in possession of real property as a fiduciary or heir.
Any stagnant water pool:
A. 
Is detrimental to the safety and welfare of the public;
B. 
Creates a public health risk/hazard in light of the West Nile Virus problem; and
C. 
Shall be deemed a public nuisance constituting a violation of this chapter.
It shall be unlawful for any titled owner to permit or maintain a stagnant water pool upon any premises or structure as defined herein in the Borough and upon conviction for a violation thereof shall be subject to the penalties provided under this chapter.
The Borough Code Enforcement Officer or other designee shall enforce this chapter.
A. 
Whenever a violation of this chapter is found or believed .to exist, the Enforcement Official shall give written notice to the titled owner personally, or by mail addressed to his/her last known address, or by posting said written notice thereof upon the premises involved.
B. 
Required notice shall identify the premises, specifically state the reason why notice is being issued with relevant section(s) of the chapter, include a correction order allowing a reasonable time to achieve compliance with this chapter, and set forth that any appeal must be in writing to the Borough Secretary, within the time set forth for compliance. Failure to timely request an appeal in writing will be deemed a waiver of the appeal.
Upon failure, neglect or refusal of any titled owner to comply with any and all applicable sections of this chapter, the Enforcement Official is authorized to prepare appropriate work orders for performance of work by authorized Borough employees or contracted workers to effect compliance and abatement of any nuisance on the subject premises, including entry onto private property. After said compliance work is completed, statements for work performed shall be prepared by the Borough Secretary. Said statements shall indicate the description of the premises, titled owner, the cost of work performed, administrative charge, disposal costs, and all other costs, if any, shall be filed as a lien against the premises affected, and such lien shall continue in force until the full amount thereof, together with interest at the rate of 6% per annum, is paid in full.
In addition to the lien provided for herein, whoever violates or fails to comply with the provisions of this chapter shall be, upon conviction thereof, sentenced to pay a fine not less than $600, nor more than $1,000, plus costs and restitution as determined for work performed and charges assessed and/or paid by the Borough, and in default of payment of said fine, costs and restitution, to a term of imprisonment not to exceed 30 days. All fines, restitution and Borough charges imposed and collected under the provisions of this chapter shall be paid to the Borough. Each day that an offense/violation continues shall constitute a separate offense/violation.